SF 2146

Introduction - 94th Legislature (2025 - 2026)

Posted on 06/05/2025 10:09 a.m.

A bill for an act
relating to civil actions; permitting a petition for an order for protection against
exploitation of a vulnerable adult; providing criminal penalties; proposing coding
for new law in Minnesota Statutes, chapter 626.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [626.5574] ORDER FOR PROTECTION AGAINST FINANCIAL
EXPLOITATION OF A VULNERABLE ADULT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have
the meanings given.
new text end

new text begin (b) "Conservator" has the meaning given in section 524.5-102, subdivision 3.
new text end

new text begin (c) "Financial exploitation" has the meaning given in section 626.5572, subdivision 9.
new text end

new text begin (d) "Guardian" has the meaning given in section 524.5-102, subdivision 5.
new text end

new text begin (e) "Lead investigative agency" has the meaning given in section 626.5572, subdivision
13.
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new text begin (f) "Petitioner" means any of the following:
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new text begin (1) a vulnerable adult in imminent danger of financial exploitation;
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new text begin (2) the guardian or conservator of a vulnerable adult in imminent danger of financial
exploitation;
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new text begin (3) a person or organization acting on behalf of the vulnerable adult with the consent of
the vulnerable adult or his or her guardian or conservator;
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new text begin (4) an agent under a validly executed power of attorney with the authority specifically
granted in the power of attorney; or
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new text begin (5) a person who simultaneously files a petition under section 524.5-409, subdivision
2, for appointment of an emergency conservator with respect to the vulnerable adult.
new text end

new text begin (g) "Vulnerable adult" has the meaning given in section 626.5572, subdivision 21.
new text end

new text begin Subd. 2. new text end

new text begin Jurisdiction; petition. new text end

new text begin (a) A petitioner may petition the court for an order for
protection against financial exploitation of a vulnerable adult seeking injunctive relief and
any other equitable remedy the court deems appropriate with the court located in the county
where the petitioner, respondent, or the vulnerable adult resides. There are no residency
requirements that apply to a petition filed under this section. Actions under this section shall
be given docket priorities by the court.
new text end

new text begin (b) A petition for relief under this section must:
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new text begin (1) allege the existence of financial exploitation, or the imminent danger of financial
exploitation, of the vulnerable adult;
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new text begin (2) include the specific facts and circumstances for which relief is sought, including the
relationship between the vulnerable adult and respondent;
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new text begin (3) state whether the vulnerable adult has ever applied for or received an order for
protection under this section or section 518B.01, or a restraining order under section 609.748;
and
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new text begin (4) state whether there are any pending actions between the vulnerable adult and the
respondent.
new text end

new text begin (c) A person temporarily or permanently vacating a residence or household in an attempt
to avoid financial exploitation does not affect the person's right to petition for an order under
this section.
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new text begin (d) The court shall provide simplified forms and clerical assistance to help with the
writing and filing of a petition under this section.
new text end

new text begin Subd. 3. new text end

new text begin Filing fee. new text end

new text begin The filing fees for an order for protection against financial
exploitation for a vulnerable adult under this section are waived for the petitioner and
respondent.
new text end

new text begin Subd. 4. new text end

new text begin Hearing. new text end

new text begin Upon receipt of the petition, the court shall order a hearing which
shall be held no later than 14 days from the date of the order for the hearing unless a
temporary ex parte order is issued under subdivision 8. If the court issues a temporary ex
parte order, the hearing must be held as provided under subdivision 8.
new text end

new text begin Subd. 5. new text end

new text begin Service. new text end

new text begin (a) Except as provided in paragraph (b), the petition and any order
issued under this section must be served on the respondent as provided in section 518B.01,
subdivisions 8, 8a, and 9a. If the petitioner is not the vulnerable adult, the petitioner must
serve the vulnerable adult with a copy of the petition, notice of any hearing, and any orders
issued under this section. If any assets or lines of credit are ordered to be frozen, the petitioner
must serve the depository or financial institution with the order.
new text end

new text begin (b) If service on the respondent is not possible as provided in paragraph (a), the petitioner
may serve the respondent through the method used to contact the vulnerable adult. The
petitioner must provide to the court the reasons that service was not possible under section
518B.01, subdivision 8, 8a, or 9a.
new text end

new text begin Subd. 6. new text end

new text begin Maltreatment report required. new text end

new text begin The petitioner must file a report pursuant to
section 626.557 within five days of filing a petition under this section.
new text end

new text begin Subd. 7. new text end

new text begin Factors. new text end

new text begin In determining whether to award relief to the petitioner, the court shall
consider and evaluate all relevant factors, including any of the following:
new text end

new text begin (1) the existence of a current or previous order for protection issued under this section
or section 518B.01, a current or previous harassment restraining order issued under section
609.748, or any previous or current similar order issued by another jurisdiction;
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new text begin (2) any history of financial exploitation by the respondent upon the vulnerable adult
identified in the petition or any other vulnerable adult;
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new text begin (3) any history of the vulnerable adult's previous financial exploitation by the respondent
or any other person;
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new text begin (4) the capacity of the vulnerable adult to make decisions related to their finances and
property;
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new text begin (5) the susceptibility of the vulnerable adult to undue influence;
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new text begin (6) any findings made by a lead investigative agency that the respondent was responsible
for substantiated maltreatment involving the vulnerable adult who is the subject of the
petition or another vulnerable adult; or
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new text begin (7) the respondent's criminal history.
new text end

new text begin Subd. 8. new text end

new text begin Temporary ex parte order. new text end

new text begin (a) The court may issue a temporary order for
protection ex parte if the court finds that:
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new text begin (1) there is an immediate and present danger of financial exploitation of the vulnerable
adult;
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new text begin (2) there is a likelihood of irreparable harm and nonavailability of an adequate remedy
at law;
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new text begin (3) there is a substantial likelihood of success on the merits;
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new text begin (4) the threatened injury to the vulnerable adult outweighs possible harm to the
respondent; and
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new text begin (5) a temporary order protects the vulnerable adult's financial security.
new text end

new text begin (b) A denial of a petition for an ex parte order must be by written order and must note
the grounds for denial. When the only ground for denial is failure to demonstrate the
immediate and present danger of financial exploitation of a vulnerable adult, the court must
set a full hearing on the petition for an order for protection at the earliest possible date and
within 14 days of the date of the court's denial order. Nothing in this paragraph limits a
petitioner's right to promptly amend a petition consistent with court rules.
new text end

new text begin (c) An ex parte temporary order may be effective for a fixed period not to exceed 14
days unless good cause is shown to extend the order. The ex parte temporary order may be
extended once for up to an additional 14 days. A full hearing, as provided by this section,
must be set for a date no later than the date when the ex parte temporary order expires.
new text end

new text begin Subd. 9. new text end

new text begin Relief. new text end

new text begin (a) The court may grant relief as provided under this section, if upon
notice and hearing and consideration of all relevant factors, the court finds that:
new text end

new text begin (1) the vulnerable adult is the victim of financial exploitation or the vulnerable adult is
in imminent danger of becoming a victim of financial exploitation;
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new text begin (2) there is a likelihood of irreparable harm and nonavailability of an adequate remedy
at law;
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new text begin (3) the threatened injury to the vulnerable adult outweighs possible harm to the
respondent; and
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new text begin (4) an order protects the vulnerable adult's financial security.
new text end

new text begin (b) In addition to any other injunctive or equitable relief the court deems appropriate,
the court may grant any or all of the following relief in either a temporary ex parte or final
order issued under this section:
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new text begin (1) prohibit the respondent from direct or indirect contact with the vulnerable adult;
new text end

new text begin (2) restrain the respondent from committing any acts of financial exploitation against
the vulnerable adult;
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new text begin (3) freeze any assets of the vulnerable adult in any depository or financial institution
whether titled solely in the vulnerable adult's name, solely in the respondent's name, jointly
with the respondent, in conservatorship, or in a trust, provided that:
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new text begin (i) assets held by a conservator for the vulnerable adult may be frozen only by an order
entered by the court overseeing the conservatorship proceeding;
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new text begin (ii) assets held by a trust may be frozen only by an order of the court if all the trustees
of the trust are served with process and are given reasonable notice before any hearing on
the petition; and
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new text begin (iii) assets held solely in the name of the respondent may only be frozen on an ex parte
basis if the petition and affidavit demonstrate to the court probable cause that such assets
are traceable to the financial exploitation of the vulnerable adult, that such assets are likely
to be returned to the vulnerable adult after a final evidentiary hearing, and that no other
adequate remedy at law is reasonably available;
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new text begin (4) freeze any line of credit of the vulnerable adult at any depository or financial
institution whether listed solely in the vulnerable adult's name or jointly with the respondent,
provided that:
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new text begin (i) lines of credit held by a conservator for the vulnerable adult may be frozen only by
an order entered by the court overseeing the conservatorship proceeding; and
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new text begin (ii) lines of credit held by a trust may be frozen only by an order of the court if all the
trustees of the trust are served with process and are given reasonable notice before any
hearing on the petition;
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new text begin (5) if the court has ordered an asset and credit freeze, ordering that living expenses of
the vulnerable adult continue to be paid;
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new text begin (6) award to the vulnerable adult the temporary exclusive use and possession of the
dwelling that the vulnerable adult and the respondent share or bar the respondent from the
residence of the vulnerable adult;
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new text begin (7) provide necessary directives to law enforcement agencies; and
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new text begin (8) provide any terms the court deems necessary for the protection of the vulnerable
adult or the vulnerable adult's assets.
new text end

new text begin Subd. 10. new text end

new text begin Modifying or vacating an order; extensions and subsequent orders. new text end

new text begin Upon
application and notice to all parties as required under this section, the court may vacate an
order, modify the terms of an existing order for protection, extend relief granted in an
existing order for protection, or, if an order for protection has expired, issue a new order.
new text end

new text begin Subd. 11. new text end

new text begin Copy to law enforcement agency; lead investigative agency. new text end

new text begin Within 24
hours of issuance of an order or continuance of an order under this section, the court
administrator must forward the order for protection and any continuance of the order for
protection to the local law enforcement agency with jurisdiction over the residence of the
vulnerable adult and the lead investigative agency that received the report pursuant to
subdivision 6. Section 518B.01, subdivision 13, applies to orders granted under this section.
new text end

new text begin Subd. 12. new text end

new text begin Title to real property. new text end

new text begin Nothing in this section affects title to real property.
new text end

new text begin Subd. 13. new text end

new text begin Violation of an order for protection. new text end

new text begin (a) A person is guilty of a misdemeanor
if the person:
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new text begin (1) knows of the existence of an order for protection issued under this section;
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new text begin (2) is prohibited from direct or indirect contact with a vulnerable adult or restrained from
committing any acts of financial exploitation against a vulnerable adult as provided in
subdivision 9, paragraph (b); and
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new text begin (3) violates the order by committing such conduct.
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new text begin (b) A person who violates paragraph (a) within ten years of a previous conviction or
adjudication of delinquency for a violation of this subdivision or section 609.2335, is guilty
of a gross misdemeanor.
new text end

new text begin (c) A person who violates paragraph (a) within ten years of the first of two or more
previous convictions or adjudications of delinquency for a violation of this subdivision or
section 609.2335, is guilty of a felony and may be sentenced to imprisonment for not more
than five years or to payment of a fine of not more than $10,000, or both.
new text end

new text begin Subd. 14. new text end

new text begin Admissibility of testimony in criminal proceeding. new text end

new text begin Any testimony offered
by a respondent in a hearing pursuant to this section is inadmissible in a criminal proceeding.
new text end

new text begin Subd. 15. new text end

new text begin Other remedies available. new text end

new text begin Any proceeding under this section shall be in
addition to other civil or criminal remedies.
new text end